NATURAL RESOURCES DEFENSE COUNCIL, PUBLIC UTILITY LAW PROJECT, STATE OF CONNECTICUT, STATE OF VERMONT, STATE OF MAINE, STATE OF NEW JERSEY, STATE OF NEVADA, STATE OF CALIFORNIA, CONSUMER FEDERATION OF AMERICA & STATE OF NEW YORKPetitioners,-against-

SPENCER ABRAHAM, As Secretary of the United States Department of Energy & UNITED STATES DEPARTMENT OF ENERGY,

AIR-CONDITIONING & REFRIGERATION INSTITUTE, STATE OF NEW HAMPSHIRE, TEXAS RATEPAYERS’ ORGANIZATION TO SAVE ENERGY, COMMONWEALTH OF MASSACHUSETTS, MASSACHUSETTS UNION OF PUBLIC HOUSING TENANTS, NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, AND STATE OF RHODE ISLAND,

Intervenors.

INTRODUCTION

The undersigned organizations represent a broad cross-section of public interest groups, and have a cumulative membership in excess of four million. We submit this Brief Amicus Curiae in support of Respondent Department of Energy (DOE).

Several Petitioners and Intervenors in this action claim to represent the interests of consumers, among others, in their attempt to reinstate the more onerous SEER 13 energy conservation standard for central air-conditioners and heat pumps. After reviewing their briefs, however, we would like to bring to this Court’s attention several anti-consumer implications of SEER 13 that were not adequately addressed. As will be discussed below, it is the SEER 12 standard now being defended by DOE, and not SEER 13, that better serves the interests of consumers and complies with the applicable statutory requirements.